Newstrack: After complaint, University Heights adopts public records policy

BACKGROUND

University Heights City Council member Silvia Quezada filed a public records complaint against her own city government in September after she did not receive certain emails she had requested from Mayor Wally Heitman.

Over the summer, Quezada made a series of requests for information from Heitman, including to be copied in on emails related to the city's building commission. On Sept. 20, Heitman responded to her by email, saying: 'I am doing enough work now that I will not take time to fulfill this request.'

Heitman previously told The Gazette he felt she didn't need to be copied on the emails because he had removed her as building committee chairwoman in May.

After receiving that message from the mayor, Quezada filed a complaint with the Iowa Public Information Board.

Margaret Johnson, interim executive director of the board, then recommended the city develop a public records policy that outlines who should be the custodian of public records and what the fees for providing records would be.

Heitman and the City Council responded to Quezada's complaint by discussing less-extreme routes she could've taken — and with a 3-1 vote to remove her from the zoning committee in October as well. Heitman previously said he considered asking for the vote before the formal complaint because of her 'rude' and 'inappropriate' behavior. But Quezada said she saw the removal as retaliation.

WHAT'S HAPPENED SINCE

The University Heights City Council took the recommendation of Johnson and adopted a public records policy.

The policy is outlined on a city website. It directs requests for police department records to the police chief, and requests for all other city records to the City Clerk's Office. The site also explains a fee structure and provides request forms.

'That was kind of the way we had it before but now it's official,' Heitman said. 'I feel good about what we did with that, I do.'

City Attorney Steven Ballard said he didn't necessarily think public records requests were an issue before the complaint because he had never heard that requests weren't being filled in a timely fashion.

He said the new policy helps to clarify the process, however.

'I think it facilitates access,' Ballard said.

Ballard said he believes his original estimate of between $3,000 and $3,500 in legal fees during the formal complaint process is correct, but that number could increase if additional appearances or adjudication by the state board is needed.

Johnson said the issue should be on the board's December agenda, which is set to come out this week. She said the board is expected to vote on whether to confirm the dismissal of Quezada's complaint. The council member ultimately got the records she wanted.

Johnson said there was not much of a reason to continue the complaint because the board probably would've simply recommended the city develop a public records policy. She said it was her understanding some city staff and officials had undergone public records training.

Quezada didn't immediately respond to a request for comment.

l Comments: (319) 339-3172; maddy.arnold@thegazette.com